Divorce by mutual consent with a notary
A divorce by mutual consent is a divorce in which you and your partner settle everything in writing in advance and the judge checks whether those arrangements are lawful.
What is a divorce by mutual consent?
A divorce by mutual consent is a divorce in which you and your partner settle everything in writing in advance and the judge checks whether those arrangements are lawful.
According to notaris.be (consulted on 12 October 2026), a divorce by mutual consent requires two things: you both want to divorce, and you make clear, written arrangements in advance. The notary records that agreement in the settlement agreement. The notary draws up the deed and the judge reviews it.
The settlement agreement is the agreement in which you set out your arrangements in writing. Without the agreement of both of you, a divorce by mutual consent is not possible. The agreement covers everything the divorce affects, from property and the home to the children.
The other route, divorce on the grounds of irretrievable breakdown, goes through the court and is beyond the scope of this page.
What does the settlement agreement contain?
In the settlement agreement, you and your partner set out what happens to the assets, the debts, the home, the children and maintenance. According to notaris.be, it has five parts:
- 1
the assets: household contents, bank accounts and life insurance policies;
- 2
the debts: the mortgage loan, a car loan and taxes;
- 3
the children: where the children live, the contribution to their maintenance, and their upbringing and education;
- 4
maintenance between the partners;
- 5
inheritance rights between the partners.
You reach an agreement on the debts together. The arrangements on inheritance rights apply in case one of you dies during the procedure.
All these arrangements are set out together in one deed. The court then reviews that deed, as the next section explains.
How does the procedure work?
The procedure has three steps: you make arrangements, the court reviews them and the judge grants the divorce.
- 1
You make arrangements about everything the divorce affects and set them out in the settlement agreement.
- 2
The file goes to the family court. The family court is part of the court of first instance. It checks the lawfulness of the arrangements, in principle in writing. If there are minor children, the judge may summon you.
- 3
The judge grants the divorce. According to notaris.be, you then have one month to appeal.
Each step builds on the previous one: without a settlement agreement there is no file, and without a review there is no judgment.
According to notaris.be, the notary files the documents with the court.